Title 44, Revenue - Regulation of Activities

(1) (a) The state licensing authority may issue a wine packaging permit to a winery licensed under section 44-3-402, a limited winery licensed under section 44-3-403, or a wholesaler licensed under section 44-3-407 that allows the licensed winery, limited winery, or wholesaler to…

(1) The general assembly finds and determines that: (a) Colorado is a state that welcomes and encourages entrepreneurs and new business opportunities; (b) Currently, manufacturing of spirituous liquors by persons licensed as manufacturers pursuant to section 44-3-402 is a thrivin…

(1) The state licensing authority may issue a manager's permit to an individual who is employed by a liquor-licensed drugstore licensed under section 44-3-410 and who will be in actual control of the liquor-licensed drugstore's alcohol beverage operations. (2) An individual seeki…

(1) An entertainment facility license may be issued to an entertainment facility selling alcohol beverages by the drink only to customers for consumption on the premises. An entertainment facility licensee shall have sandwiches and light snacks available for consumption on the li…

(1) This section applies to a person that has been issued the following license types: (a) Beer and wine license under section 44-3-411; (b) Hotel and restaurant license under section 44-3-413; (c) Tavern license under section 44-3-414; (d) Retail gaming tavern license under sect…

(1) The state licensing authority may issue an alcohol beverage shipper license to an alcohol beverage shipper that ships vinous liquors for a licensed winery that holds a winery direct shipper's permit pursuant to section 44-3-104. (2) A driver delivering on behalf of an alcohol…

(1) The state licensing authority may issue a catering license to a catering company that allows the catering licensee to apply for temporary permits to sell and serve alcohol beverages on unlicensed premises at catered events. The catering license is valid for one calendar year …

(1) A lodging facility license may be issued to a lodging facility that sells alcohol beverages by the drink only to customers for consumption on the licensed premises. A lodging facility's licensed premises does not include the facility's sleeping rooms. A lodging facility licen…

(1) An applicant shall pay the following license and permit fees to the department annually in advance: (a) For each resident and nonresident manufacturer's license, the fee shall be: (I) For each brewery, three hundred dollars; (II) For each winery, three hundred dollars; (III) …

(1) (a) All state license fees and taxes provided for by this article 3 and all fees provided for by section 44-3-501 (3) and (4) for processing applications, reports, and notices shall be paid to the department, which shall transmit the fees and taxes to the state treasurer. The…

(1) (a) An excise tax at the rate of 8.0 cents per gallon, or the same per unit volume tax applied to metric measure, on all malt liquors and hard cider, 7.33 cents per liter on all vinous liquors except hard cider, and 60.26 cents per liter on all spirituous liquors is imposed, …

(1) (a) The state of Colorado and the department shall have a lien, to secure the payment of the taxes, penalties, and interest imposed pursuant to section 44-3-503 upon all the assets and property of the wholesaler or manufacturer owing the tax, including the stock in trade, bus…

(1) The applicant shall pay the following license fees to the treasurer of the municipality, city and county, or county where the licensed premises is located annually in advance: (a) (I) For each retail liquor store license for premises located within any municipality or city an…

(1) (a) (I) Subject to subsection (8) of this section, in addition to any other penalties prescribed by this article 3 or article 4 or 5 of this title 44, the state or any local licensing authority has the power, on its own motion or on complaint, after investigation and public h…

Each licensee shall keep a complete set of books of account, invoices, copies of orders, shipping instructions, bills of lading, weigh bills, correspondence, and all other records necessary to show fully the business transactions of such licensee, all of which shall be open at al…

(1) The general assembly hereby finds, determines, and declares that this section shall be interpreted so that any common law cause of action against a vendor of alcohol beverages is abolished and that in certain cases the consumption of alcohol beverages rather than the sale, se…

Any person applying to the courts for a review of the state or any local licensing authority's decision shall apply for review within thirty days after the date of decision of refusal by a local licensing authority or, in the case of approval by a local licensing authority, withi…

(1) Except as provided in section 18-13-122, it is unlawful for any person: (a) To sell, serve, give away, dispose of, exchange, or deliver, or permit the sale, serving, giving, or procuring of, any alcohol beverage to a visibly intoxicated person or to a known habitual drunkard;…

(1) No person who is patronizing a licensed premises as defined in sections 44-3-103 (24) and 44-4-103 (3) shall be required or solicited by any law enforcement officer to submit to any mechanical test for the purpose of determining the alcohol content of the person's blood or br…

(1) (a) The general assembly hereby finds and declares that: (I) Alcohol-without-liquid (AWOL) devices create alcohol vapor by pouring alcohol into a diffuser capsule connected to an oxygen pipe; (II) AWOL devices enable individuals to inhale or snort the alcohol vapor created fr…

(1) (a) Except as provided in subsections (2), (3), and (4) of this section, any person violating any of the provisions of this article 3 or article 4 or 5 of this title 44 or any of the rules authorized and adopted pursuant to such articles commits a civil infraction. (b) The pe…

(1) The inspectors of the liquor enforcement division and their supervisors, while actually engaged in performing their duties and while acting under proper orders or regulations, shall have and exercise all the powers vested in peace officers of this state. In the exercise of th…

(1) If any person makes an affidavit before the judge of any county or district court stating that he or she has reason to and does believe that alcohol beverages are being sold, bartered, exchanged, divided, or unlawfully given away, or kept for such purposes, or carried in viol…

(1) If any alcohol beverages are there found, said officer shall seize the same and the vessels in which they are contained and all implements and furniture used or kept in connection with such beverages in the illegal selling, bartering, exchanging, giving away, or carrying of s…

There shall be no property rights of any kind in any alcohol beverages, vessels, appliances, fixtures, bars, furniture, implements, wagons, automobiles, trucks, vehicles, contrivances, or any other things or devices used in or kept for the purpose of violating any of the provisio…

(1) Notwithstanding any other provision of this article 3, a person who purchases an alcohol beverage for consumption from a vendor licensed under this article 3 that is either attached to a common consumption area or licensed for the fairgrounds of the Colorado state fair author…

(1) A promotional association or attached licensed premises shall not: (a) Employ a person to serve alcohol beverages or provide security within the common consumption area unless the server has completed the server and seller training program established by the director of the l…

(1) (a) Notwithstanding any other provision of this article 3 or article 4 of this title 44 and subject to subsections (2) and (3) of this section: (I) Between the hours of 7 a.m. and 12 midnight, a licensee may sell and deliver an alcohol beverage to a customer for consumption o…

(1) Notwithstanding any other provision of this article 3 or article 4 of this title 44 and subject to the approval of the state and local licensing authorities, a communal outdoor dining area may be shared by two or more persons licensed for on-premises consumption, including an…

The short title of this article 4 is the "Colorado Beer and Wine Code". Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1067, § 2, effective October 1. Initiated 2022: Entire section amended, Proposition 125, effective March 1, 2023. See L. 2023,…

(1) The general assembly hereby declares that it is in the public interest that fermented malt beverages and wine for consumption off the premises of the licensee, fermented malt beverages for consumption on the premises of the licensee, and fermented malt beverages for consumpti…

Definitions applicable to this article 4 also appear in article 3 of this title 44. As used in this article 4, unless the context otherwise requires: (1) (a) "Fermented malt beverage" means malt liquors, when purchased by a fermented malt beverage retailer from a wholesaler licen…

(1) The licenses to be granted and issued by the state licensing authority pursuant to this article 4 for the retail sale of fermented malt beverages or fermented malt beverages and wine are as follows: (a) and (b) Repealed. (c) (I) (A) A retailer's license shall be granted and i…

(1) (a) (I) The state licensing authority shall establish fees for processing the following types of applications, notices, or reports required to be submitted to the state licensing authority: (A) Applications for new fermented malt beverage and new fermented malt beverage and w…

(1) It is lawful for a person under eighteen years of age who is under the supervision of a person on the premises eighteen years of age or older to be employed in a place of business where fermented malt beverages or wine is sold at retail in containers for off-premises consumpt…

(1) The local licensing authority shall issue only the following classes of licenses: (a) (I) Sales of fermented malt beverages and wine for consumption off the premises of the licensee; (II) Notwithstanding any other provision of law, a license issued by the local and state lice…

(1) The state or local licensing authority, as defined in articles 3 and 4 of this title 44, may issue a special event permit for the sale, by the drink only, of fermented malt beverages, as defined in section 44-4-103, or the sale, by the drink only, of malt, spirituous, or vino…

(1) A special event permit issued under this article 5 may be issued to: (a) An organization, whether or not presently licensed under articles 3 and 4 of this title 44, that: (I) Has been incorporated under the laws of this state for purposes of a social, fraternal, patriotic, po…

(1) (a) A special event permit may be issued under this section notwithstanding the fact that the special event is to be held on premises licensed under the provisions of section 44-3-403, 44-3-404, 44-3-413 (3), 44-3-418, 44-3-419, or 44-3-424. The holder of a special event perm…

(1) Special event permit fees are: (a) Ten dollars per day for a malt beverage permit; (b) Twenty-five dollars per day for a malt, vinous, and spirituous liquor permit. (2) All fees are payable in advance to the department for applications for special event permits submitted to t…

(1) Each special event permit shall be issued for a specific location and is not valid for any other location. (2) A special event permit authorizes sale of the beverage or the liquors specified only during the following hours: (a) Between the hours of five a.m. of the day specif…

(1) The state or local licensing authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in…

(1) Applications for a special event permit shall be made with the appropriate local licensing authority on forms provided by the state licensing authority and shall be verified by oath or affirmation of an officer of the organization or of the political candidate making applicat…

An organization otherwise qualifying under section 44-5-102 shall be exempt from the provisions of this article 5 and shall be deemed to be dispensing gratuitously and not to be selling fermented malt beverages or malt, spirituous, or vinous liquors when it serves, by the drink, …

If a person licensed under section 44-3-418 purchases alcohol beverages from a wholesaler for purposes of a special event held on the licensee's premises, the licensee is not required to store the alcohol beverages purchased for the special event separately from the licensee's in…

There is hereby created in the state treasury the liquor enforcement division and state licensing authority cash fund. The fund consists of money transferred in accordance with sections 44-3-502 (1), 44-4-105 (2), and 44-7-104.5 (6). The general assembly shall make annual appropr…